Ebay seller's mistake, please advise a defenceless buyer

[Anonymous]

HI,

I'm from Hungary, Europe and collecting and operating gg0 US (Marx, AF) and European tinplate trains. I'm pretty alone here with the US part of this nice hobby.[:)]

I've been buying trains for several years on Ebay.com for 2 main reasons. #1 is obviously, it's the primary, affordable, easily available and manageable source to me of US toy trains. #2 is a more personal view: purchasing from US sellers made me the less trouble and loss during the years. Of course there are a few exceptions, but much-much more less than in Europe. Let's think for example just on receiving feedback typically right after getting the payment and not waiting for the buyer's feedback first, which is one of the most reassuring sign of a smooth transaction.[:)]

I've always been using airmail parcel and since loosing the first uninsured shipment years ago, I always request insurance too. And now we got to my actual problem finally:

I've found some nice affordable items again in September'04 and purchased them from a seemingly reputable and professional seller with a long and nice feedback history. After winning the 2 cars, the communication started very well and we've agreed on an insured airmail shipment. Alltogether trains and s/h for $67 around, which he acknowledged expressly, even emphasizing the word INSURED.

I've payed him through BidPay as usual and then I was waiting for the parcel. Time has gone, but no parcel appeared. Then I asked him about the insurance code of the parcel, when it came to light, that he forgot to insure the parcel, and he did not even send a parcel, but just a plain and lower cost airmail letter...[:(]

Then came a long-long string of emails, and I was waiting very patiently and tolerating all his playing on time and misinterpreting the situation in which we came by his failure, but finally asked him to pay all my money back.

My very actual problem is that he offered me just half compensation instead of a full compensation, which I'had received for loosing an insured shipment.

I do not want to accept the half compensation, and I think I had several good reasons for that, but please write me,
- what's your opinion ?
- what would US guys do in such situations ?
- what freely available legal ways can I find to get him to change his mind ?

Looking forward receiving your kind answers and views...

[3railguy]

It is unfortunate you hooked up with a scumbag. He is fully responsible. It is his fault he did not insure the parcel. If you paid through Paypal, you can file a complaint. - what would US guys do in such situations ?

[Anonymous]

If I understand you correctly, you both agreed that the parcel was to be insured, he failed to insure it, and now it is lost. In that case, there is no question he is entirely at fault, and if he has a shred of integrity, he will refund all your money.

That said, if he doesn't have any integrity, getting him to refund all your money might be difficult since you have limited leverage. You can certainly threaten to give him a poor evaluation, warning other potential buyers.

I confess I don't know the answer to this one: Is there any way you can report him and the transaction to eBay for a more serious handling of the matter? Do you know he actually shipped the parcel? Could it be actual fraud?

Getzen

[Anonymous]

Thank you guys, this is the firts topic I've ever started at any forum, and I'm really impressed by the fast reactions.

3railguy: no I cannot use PayPal from here unfortuanately, just BidPay. Anyway this special situation would also Ebay consider as a special kind of fraud, and would compensate for it, but due to his playing on time I got out of the available time frame.

Getzen: Yes, you did understand correctly. Also yes, he did sure ship the uninsured airmail letter, he copied me the invoice, but he will not consider the shipment as lost until receiving some proof of loosing from the post office, but he will never, because uninsured shipments are untrackable, untraceable, so this is "catch 22"

[lionelsoni]

When you say "letter", do you not mean the package containing the cars you won? Assuming that that is what you mean, it seems that the seller suspects that you received the uninsured package and, when you noticed that it was uninsured, took the opportunity to claim that you never received it. Aside from threatening him with negative feedback, I think that your only hope is to convince him that you are honest, by citing your good feedback if nothing else.

[Anonymous]

lionelsoni: by "letter" I wanted to use the USPS notation, how the seller posted the cars instead of a "parcel". Letters cannot be insured, just registered and if, then just a minimal indemnity is provided, whereas "parcels" can be fully insured.

He sent me the copy of his postal invoice upon my complaining about the missing parcel, so I complained first and then it came to light that he sent me the cars uninsured in a letter.

[Anonymous]

=(

Hate it when someone allows time to tick by. I buy and sell on Ebay, and I expect payment to arrive 10 days or less. Either to the sellor or to me.

If there is a problem, it needs to be settled quickly. Ebay provides customers a venue for addressing problem sales but it must be activated quickly or the crook sellor will "play" you out of your time limit.

I have some potential international sales pending and you can bet that those items are going to be watched by both the potential buyer and myself all the way.

I am sorry for your plight, but I recommend reporting this problem to Ebay anyway and leaving a very specific feedback against the seller.

Again for those who may encounter a problem anywhere in the process of completing a sale... ACT QUICKLY to stay within the ebay's time limits. Dont wait too long thinking "It is being taken care of..." when the fraudlent person may actually be waiting for enough time to go by to escape scot free.

As far as the offer for half compenstation... that is just plain bullshit. I say DEMAND ALL your money back.

Perhaps there is a way to settle this yet.

[daan]

Hi rsanyi, you're not the only european here.. and I buy ebay stuff too, because it's simply the only way to get 0 gauge american trains in europe without paying a huge amount of money..
I doubt that you have any chance to get more then the money he offered you however.. After receiving your payback leave a negative message on ebay, first because this is a stupid mistake from the seller to reduce his sending costs and second others should be warned.
I have a lot of help with reading the messages left by other customers, it makes me decide to buy somewhere. If everyone keeps his messages short and honest you get an unblurred view of the seller.

I don't think it's worth the try to get other ways involved for that amount of money.. It will cost you lots more in the end, specially because it is in another country.

Good luck, and hope that you won't have this situation going again..

[ChiefEagles]

Sorry to hear your problem, rsanyi. I learned you can not trust the Hungarian post. Shipped a Christmas present to a female friend of mine last year. Took weeks after it was suppose to arrive. Had hidden some American $$$$ in the item. When she finally got it, the box had been opened and the money gone. They had to have taken the item apart to find it. She knew where to look through email. If shipped UPS, I think the guy never shipped. Sorry

[Buckeye Riveter]

Make sure you keep all your correspondance with the seller. Print it out for safe keeping. Good luck, and sorry about the problem.

I have a good friend that used to work for Ebay. I am going to ask him to look at this topic.
--------------------------------------------
I sent your problem to my friend and this was his response:

That a tough one. I'd be interested in seeing the sellers auction terms. He (buyer) should post his problem here

http://pages.ebay.com/securitycenter/index.html?ssPageName=STRK:MESRL:014

Also post and or read here

http://pages.ebay.com/community/answercenter/index.html

[Anonymous]

Thank you guys for all your comments,
its a good feeling not to be alone.
Still looking forward reading your comments.

To ChiefEagles: Sorry you also have right blaming the Hungarian Post, but it is not alone in the thefts. Shipments can disappear either here or abroad, as both cases have happended already. But that's why insurance is offered and that's why I've payed for it, and that's what the seller forgot to do.

Recently he deletes my emails unread, because I've declared some of his actions and declarations as "evil". Is it such a strong expression in English, was it a failure to use it ? Anyway, he used this chance to ignore any future conversation, until he will receive a declaration from the post office, that the shipment got lost, but I'm afraid he will never get any, because of the lack of registration or insurance.

To Buckeye Riveter: thanks for the link, will soon contact